| Abstract [eng] |
The relevance of examination of the institute of conditional release from imprisonment institutions, its problematic aspects and application in the case-law is evident from the statistics and amendments of the Sentence Execution Code, which became effective on 1 September 2015. In 2015, conditional release was applied in respect of only 31 percent of the convicted persons, who were released from imprisonment institutions. The present work is composed of the following four main parts: concept of conditional release, analysis of conditions of conditional release, overview of the entities engaged in the conditional release procedure and description of the sentence execution regime in the event of application of conditional release and the problematic aspects thereof. The first part of the present work is devoted to the discussion of the concept of conditional release the definition whereof is not provided in the legal acts of the Republic of Lithuania, analysis of the purposes of the said institute by placing emphasis on the person’s resocialisation as the principal goal of conditional release, including the review of other positive results that may be achieved through the application of conditional release. The second part of the present work provides the analysis of formal and material conditions of conditional release, reasons stated by the courts when applying or rejecting to apply the said institute upon the convicted persons, draws attention to the irregularities of the case-law with regard to certain aspects of application of conditional release, gives an overview of the peculiarities related with conditional release under the intensive supervision regime, and includes criticism of the cases of non-application of conditional release provided for in Article 158 of the Sentence Execution Code, which contravene the meaning of the said institute and the international standards. The third part of the present work gives an overview of the entities engaged in the conditional release procedure, provides the analysis of the functions of the Conditional Release Commission and the court, their relationship, the role of the prosecutor and the victim when adopting a decision on conditional release, and describes the activities of probation services and volunteers. The final part of the present work provides the analysis of the sentence execution regime in the event of application of conditional release by placing emphasis on the fact that conditional release should not be revoked on the basis of any single violations committed by the persons placed under the probationary regime, when such violations present no danger to the public security. |
